
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13703]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                          SUBCHAPTER I--PRISONS
 
Part A--Violent Offender Incarceration and Truth-in-Sentencing Incentive 
                                 Grants
 
Sec. 13703. Violent offender incarceration grants


(a) Eligibility for minimum grant

    To be eligible to receive a minimum grant under this section, a 
State shall submit an application to the Attorney General that provides 
assurances that the State has implemented, or will implement, 
correctional policies and programs, including truth-in-sentencing laws 
that ensure that violent offenders serve a substantial portion of the 
sentences imposed, that are designed to provide sufficiently severe 
punishment for violent offenders, including violent juvenile offenders, 
and that the prison time served is appropriately related to the 
determination that the inmate is a violent offender and for a period of 
time deemed necessary to protect the public.

(b) Additional amount for increased percentage of persons sentenced and 
        time served

    A State that received a grant under subsection (a) of this section 
is eligible to receive additional grant amounts if such State 
demonstrates that the State has, since 1993--
        (1) increased the percentage of persons arrested for a part 1 
    violent crime sentenced to prison; or
        (2) increased the average prison time actually served or the 
    average percent of sentence served by persons convicted of a part 1 
    violent crime.

Receipt of grant amounts under this subsection does not preclude 
eligibility for a grant under subsection (c) of this section.

(c) Additional amount for increased rate of incarceration and percentage 
        of sentence served

    A State that received a grant under subsection (a) of this section 
is eligible to receive additional grant amounts if such State 
demonstrates that the State has--
        (1) since 1993, increased the percentage of persons arrested for 
    a part 1 violent crime sentenced to prison, and has increased the 
    average percent of sentence served by persons convicted of a part 1 
    violent crime; or
        (2) has increased by 10 percent or more over the most recent 3-
    year period the number of new court commitments to prison of persons 
    convicted of part 1 violent crimes.

Receipt of grant amounts under this subsection does not preclude 
eligibility for a grant under subsection (b) of this section.

(Pub. L. 103-322, title II, Sec. 20103, as added Pub. L. 104-134, title 
I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110 Stat. 1321, 
1321-16; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 
110 Stat. 1327.)


                            Prior Provisions

    A prior section 13703, Pub. L. 103-322, title II, Sec. 20103, Sept. 
13, 1994, 108 Stat. 1817, related to Violent Offender Incarceration 
Grants prior to the general amendment of this part by Pub. L. 104-134.


  Controlled Substance Testing and Intervention; Availability of Funds

    Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I], Sept. 30, 
1996, 110 Stat. 3009, 3009-14, provided in part: ``That beginning in 
fiscal year 1999, and thereafter, no funds shall be available to make 
grants to a State pursuant to section 20103 or section 20104 of the 
Violent Crime Control and Law Enforcement Act of 1994 [42 U.S.C. 13703, 
13704] unless no later than September 1, 1998, such State has 
implemented a program of controlled substance testing and intervention 
for appropriate categories of convicted offenders during periods of 
incarceration and criminal justice supervision, with sanctions including 
denial or revocation of release for positive controlled substance tests, 
consistent with guidelines issued by the Attorney General''.

                  Section Referred to in Other Sections

    This section is referred to in sections 13702, 13705, 13706, 13708, 
13709, 13712, 14214 of this title.
